“development” includes a change in the use of any land, building or structure; (“aménagement”)

“local plan” means an official plan under the Planning Act; (“plan local”)

“Minister” means the member of the Executive Council to whom the administration of this Act is assigned; (“ministre”)

“ministry” means any ministry of the Government of Ontario and includes a board, commission or agency of the Government; (“ministère”)

“Niagara Escarpment Plan” means a plan, policy and program, or any part thereof, as approved by the Lieutenant Governor in Council under this Act on June 12, 1985 and amended and revised in accordance with this Act, covering the Niagara Escarpment Planning Area, or any part thereof defined in the Plan, designed to promote the optimum economic, social, environmental and physical condition of the Area, and consisting of the texts and maps describing the program and policy; (“Plan d’aménagement de l’escarpement du Niagara”)

“Niagara Escarpment Planning Area” means the area of land in Ontario continued as such under section 3 and amended in accordance with that section; (“zone de planification de l’escarpement du Niagara”)

2 The purpose of this Act is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment. R.S.O. 1990, c. N.2, s. 2.

Niagara Escarpment Planning Area and Plan

3 (1) The Niagara Escarpment Planning Area and the Niagara Escarpment Plan as they exist immediately before the day this section comes into force are continued. 2009, c. 33, Sched. 22, s. 6 (2).

Altering boundaries of Planning Area

(2) Subject to subsection (3), the Lieutenant Governor in Council may make regulations altering the boundaries of the Niagara Escarpment Planning Area. 2009, c. 33, Sched. 22, s. 6 (2).

Removal of lands

(3) The Lieutenant Governor in Council shall not make a regulation under subsection (2) that has the effect of removing any lands from the Niagara Escarpment Planning Area unless, before the regulation is filed,

(a) the Minister lays the regulation before the Assembly if it is in session or deposits it with the Clerk of the Assembly if the Assembly is not in session; and

4 (1) The Minister shall establish an advisory committee, consisting of such persons as the Minister appoints who are broadly representative of the people of the Niagara Escarpment Planning Area, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committee by the Minister. 1999, c. 12, Sched. N, s. 4 (2); 2009, c. 12, Sched. L, s. 7.

Additional advisory committees

(2) The Minister may establish additional advisory committees, consisting of such persons as the Minister appoints, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committees by the Minister. 1999, c. 12, Sched. N, s. 4 (2); 2009, c. 12, Sched. L, s. 7.

5 (1) The commission known as the Niagara Escarpment Commission is continued under the name Niagara Escarpment Commission in English and Commission de l’escarpement du Niagara in French. R.S.O. 1990, c. N.2, s. 5 (1).

Members

(2) The Commission shall be composed of seventeen members appointed by the Lieutenant Governor in Council as follows:

1. Nine members shall be appointed as representative of the public at large.

2. The eight remaining members shall be appointed from a list containing the names of at least three persons submitted by the council of each upper-tier municipality and of each single-tier municipality that is outside an upper-tier municipality if the jurisdiction of the municipality includes any part of the Niagara Escarpment Planning Area and one member shall be appointed from each list. R.S.O. 1990, c. N.2, s. 5 (2); 2000, c. 5, s. 16 (1); 2002, c. 17, Sched. F, Table.

Term of office

(3) Each member of the Commission shall hold office for such period of time as the Lieutenant Governor in Council determines. R.S.O. 1990, c. N.2, s. 5 (3).

Eligibility

(4) No person is eligible to be included in a list of persons submitted under paragraph 2 of subsection (2) unless he or she is a member or employee of the council of a municipality whose jurisdiction includes a part of the Niagara Escarpment Planning Area. R.S.O. 1990, c. N.2, s. 5 (4).

When Commission deemed established

(5) The Commission shall be deemed to be established when a majority of the number of members has been appointed, and it may then proceed to carry out the functions conferred upon it under this Act, even if the remaining number of members has not been appointed. R.S.O. 1990, c. N.2, s. 5 (5).

Chair

(6) The Lieutenant Governor in Council may designate one of the members appointed under paragraph 1 of subsection (2) to be chair of the Commission. R.S.O. 1990, c. N.2, s. 5 (6); 2006, c. 2, s. 51 (1).

(8) Members of the Commission shall receive such salary and other remuneration as the Lieutenant Governor in Council from time to time determines. R.S.O. 1990, c. N.2, s. 5 (8).

Employees

(9) Such employees as are considered necessary for the proper conduct of the business of the Commission may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 89.

Pension plan

(9.1) The Commission shall be deemed to be a local board for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the chair shall be deemed to be an employee of the Commission for the purposes of that Act. 2006, c. 2, s. 51 (2).

Professional assistance

(10) Subject to the approval of the Minister, the Commission may engage persons to provide professional, technical or other assistance to the Commission. R.S.O. 1990, c. N.2, s. 5 (10).

Seconding of staff to Commission

(11) In the performance of its functions, the Commission may be assisted by such persons in the public service of Ontario as the Minister designates for the purpose. R.S.O. 1990, c. N.2, s. 5 (11).

6 All expenditures, costs, charges and expenses incurred and payable in respect of the carrying out by the Commission of its functions, including the salaries and expenses of the members and employees of the Commission shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. N.2, s. 6.

Amendments to Plan

Definition

6.1 (1) In this section,

“public body” means a municipality, local board, ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation. 2005, c. 1, s. 25 (1).

Amendments to Plan

(2) An amendment to the Niagara Escarpment Plan may be initiated by the Minister or by the Commission, and application may be made to the Commission by any person or public body requesting an amendment to the Plan. 2005, c. 1, s. 25 (1); 2009, c. 12, Sched. L, ss. 7, 9 (1).

Material to accompany application

(2.1) An application to the Commission by a person or public body requesting an amendment to the Plan shall include a statement of the justification for the amendment and shall be accompanied by research material, reports, plans and the like that were used in the preparation of the amendment. 2005, c. 1, s. 25 (1); 2009, c. 12, Sched. L, s. 9 (1).

Restriction re: applications or requests to amend the Plan

(2.2) No person or public body shall make an application or request to amend the Niagara Escarpment Plan if the application or request relates to land that is within the land use designation of Escarpment Natural Area, Escarpment Protection Area, Mineral Resource Extraction Area or Escarpment Rural Area of the Niagara Escarpment Plan and the application or request seeks to,

(a) redesignate the land to the land use designation of Minor Urban Centre, Urban Area or Escarpment Recreation Area of the Niagara Escarpment Plan; or

(2.3) Despite subsection (2.2), an application, request or proposal to redesignate land in the Niagara Escarpment Plan to the land use designation of Minor Urban Centre, Urban Area or Escarpment Recreation Area of the Niagara Escarpment Plan or to amend the Niagara Escarpment Plan to permit urban uses may be made during the review set out in subsection 17 (1) and in order for any such application, request or proposal to be considered during the review it must be included in the terms of reference established for the review under subsection 17 (2). 2005, c. 1, s. 25 (1); 2009, c. 12, Sched. L, s. 9 (2).

Rejection of certain applications

(3) Where, in the opinion of the Commission, an application for an amendment does not disclose a planning justification for the amendment, is not in the public interest, is without merit, is frivolous or vexatious or is made only for the purpose of delay, the Commission shall inform the Minister of its opinion and, where the Minister concurs in that opinion, the Minister shall inform the applicant in writing of his or her opinion and notify the applicant that unless the applicant makes written representations thereon to the Minister within such time as the Minister specifies in the notice, not being less than 15 days from the time the notice is given, the provisions of this Act in respect of the consideration of the amendment shall not apply, and approval of the amendment shall be deemed to be refused. 1999, c. 12, Sched. N, s. 4 (3).

Same

(4) Where representations are made to the Minister under subsection (3), the Minister, after giving consideration thereto, shall inform the applicant in writing either that the Minister’s opinion is confirmed and that approval of the amendment is deemed to be refused or that the Minister has directed that consideration of the amendment be proceeded with in accordance with this Act. 1999, c. 12, Sched. N, s. 4 (3).

7 During the course of the consideration of amendments to the Niagara Escarpment Plan, the Commission shall consult with any affected ministry and with the council of each municipality within or partly within the Niagara Escarpment Planning Area, with respect to the proposed contents of the Plan. R.S.O. 1990, c. N.2, s. 7; 1999, c. 12, Sched. N, s. 4 (4); 2000, c. 26, Sched. L, s. 7 (2); 2009, c. 12, Sched. L, s. 7.

(a) policies for the economic, social and physical development of the Niagara Escarpment Planning Area in respect of,

(i) the management of land and water resources,

(ii) the general distribution and density of population,

(iii) the general location of industry and commerce, the identification of major land use areas and the provision of major parks and open space and the policies in regard to the acquisition of lands,

(iv) the control of all forms of pollution of the natural environment,

(v) the general location and development of major servicing, communication and transportation systems,

(vi) the development and maintenance of educational, cultural, recreational, health and other social facilities, and

(vii) such other matters as are, in the opinion of the Minister, advisable;

(b) policies relating to the financing and programming of public development projects and capital works;

(c) policies to co-ordinate the planning and development programs of the various ministries for the Niagara Escarpment Planning Area;

(d) policies to co-ordinate planning and development among municipalities within the Niagara Escarpment Planning Area;

(e) policies designed to ensure compatibility of development by the private sector; and

(f) such other policies as are, in the opinion of the Minister, advisable for the implementation of the Plan,

and shall contain such programs and policies as each minister desires to be incorporated in the Plan, in so far as the Commission considers it practicable. R.S.O. 1990, c. N.2, s. 9; 2009, c. 12, Sched. L, ss. 7, 11.

10 (1) During the course of the consideration of amendments to the Niagara Escarpment Plan, the Commission shall,

(a) furnish each municipality within or partly within the Niagara Escarpment Planning Area with a copy of the proposed amendments and invite it to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to it, as is specified;

(b) publish a notice in such newspapers having general circulation in any area that is within the Niagara Escarpment Planning Area as the Commission considers appropriate, notifying the public of the proposed amendments, indicating where a copy of the amendments, together with the material used in the preparation thereof mentioned in subsection (6), can be examined and inviting the submission of comments thereon within such period of time, not being more than 60 days from the time the notice is first published, as is specified; and

(c) furnish copies of the proposed amendments to the advisory committees appointed under section 4 and invite the committees to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to them, as is specified. 1999, c. 12, Sched. N, s. 4 (6); 2002, c. 17, Sched. F, Table; 2009, c. 12, Sched. L, s. 7.

Public meetings during comment period

(1.1) During the time for making comments, the Commission may hold public meetings to promote public discussion of the proposed amendments. 2000, c. 26, Sched. L, s. 7 (3).

Notice of public meetings

(1.2) The Commission shall give notice of public meetings held under subsection (1.1) in such manner as the Commission considers appropriate. 2000, c. 26, Sched. L, s. 7 (3).

Extension of time

(2) The Commission may extend the time for making comments, before or after the expiration of the time, if it is of the opinion that the extension is necessary to ensure a reasonable opportunity for comments to be made. 1999, c. 12, Sched. N, s. 4 (6).

Hearing officer

(3) If written objections to the proposed amendments are received by the Commission before the expiration of the time for making comments, the Commission shall, and if no written objections are received within that time the Commission may, appoint one or more hearing officers for the purpose of conducting one or more hearings within the Niagara Escarpment Planning Area or in the general proximity thereof for the purpose of receiving representations respecting the proposed amendments by any person desiring to make representations. 1999, c. 12, Sched. N, s. 4 (6); 2000, c. 26, Sched. L, s. 7 (4).

Notice of hearing

(4) If one or more hearing officers are appointed under subsection (3) to conduct a hearing, they shall fix the time and place for the hearing and shall publish notice thereof in such newspapers having in their opinion general circulation in any area that is within the Niagara Escarpment Planning Area as they consider appropriate. 1999, c. 12, Sched. N, s. 4 (6).

Time of hearing

(5) The time fixed for any hearing under subsection (3) shall be not sooner than 21 days after the first publication of the notice of the hearing and not before the expiration of the time for making comments on the proposed amendments. 1999, c. 12, Sched. N, s. 4 (6).

Procedure at hearing

(6) At a hearing under subsection (3), the persons proposing the amendments or their representatives shall present the proposed amendments and the justification therefor and shall make available for public inspection research material, reports, plans and the like that were used in the preparation of the amendments and, subject to the rules of procedure adopted by the hearing officers for the conduct of the hearing, the persons presenting the amendments and any other persons who make presentations at the hearing may be questioned on any aspect of the amendments by any interested person. 1999, c. 12, Sched. N, s. 4 (6).

(8) Not more than 60 days after the conclusion of any hearings conducted under subsection (3), or within such extended time as the Commission may specify, the hearing officers shall report to the Commission a summary of the representations made at the hearings together with a report stating whether the proposed amendments should be accepted, rejected or modified, giving their reasons therefor, and shall at the same time furnish the Minister with a copy of the report. 1999, c. 12, Sched. N, s. 4 (6).

Commission recommendations

(9) After giving consideration to any comments received under subsection (1) and, if one or more hearings were conducted under subsection (3), after giving consideration to any report received under subsection (8), the Commission shall submit its recommendations on the proposed amendments to the Minister. 1999, c. 12, Sched. N, s. 4 (6).

Inspection of report and recommendations

(10) A copy of any report made under subsection (8) and a copy of the recommendations submitted to the Minister under subsection (9) shall be made available in the office of the Minister, in the offices of the Commission, in the office of the clerk of each municipality, the whole or any part of which is within the Niagara Escarpment Planning Area, and in such other offices and locations as the Minister determines, for inspection by any person desiring to do so. 1999, c. 12, Sched. N, s. 4 (6).

Decision of Minister

(11) After receiving the Commission’s recommendations under subsection (9), the Minister may refuse the proposed amendments or may approve the proposed amendments with any modifications that he or she considers desirable, unless,

(a) in the opinion of the Minister, to do so would be inconsistent with any recommendations received under subsection (8) or (9); or

(b) the Lieutenant Governor in Council requires the Minister to submit the proposed amendments to the Lieutenant Governor in Council because the Lieutenant Governor in Council is of the opinion that the amendments could have a significant impact on the purpose or objectives of the Niagara Escarpment Plan. 1999, c. 12, Sched. N, s. 4 (6); 2009, c. 12, Sched. L, s. 7.

Submission of amendments to L.G. in C.

(12) If amendments are not refused or approved by the Minister under subsection (11), the Minister shall submit the proposed amendments with his or her recommendations thereon to the Lieutenant Governor in Council. 1999, c. 12, Sched. N, s. 4 (6).

Public notice

(13) If, in the opinion of the Minister, the recommendations of the Minister to the Lieutenant Governor in Council are inconsistent with any recommendations received under subsection (8), the Minister shall give public notice of his or her recommendations and the Lieutenant Governor in Council shall allow a period of at least 21 days after the giving of the notice during which representations in writing can be made by anyone concerned to the Lieutenant Governor in Council. 1999, c. 12, Sched. N, s. 4 (6).

Decision of L.G. in C.

(14) The Lieutenant Governor in Council may refuse the proposed amendments or may approve the proposed amendments with any modifications that the Lieutenant Governor in Council considers desirable. 1999, c. 12, Sched. N, s. 4 (6).

Effect of approval

(15) If amendments are approved by the Minister under subsection (11) or by the Lieutenant Governor in Council under subsection (14), the amendments form part of the Niagara Escarpment Plan for the Niagara Escarpment Planning Area. 1999, c. 12, Sched. N, s. 4 (6); 2009, c. 12, Sched. L, s. 7.

11 When the Niagara Escarpment Plan is amended, the Minister shall promptly provide a copy of the amendment to the Commission and to the clerk of every municipality that is affected by the amendment. 2000, c. 26, Sched. L, s. 7 (5); 2009, c. 12, Sched. L, s. 7.

13 (1) Despite any other general or special Act, when the Niagara Escarpment Plan is in effect,

(a) no municipality or local board as defined in the Municipal Affairs Act having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, and no ministry, shall undertake any improvement of a structural nature or any other development or undertaking within the Area if the improvement, development or undertaking is in conflict with the Niagara Escarpment Plan; and

(b) no municipality having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, shall pass a by-law for any purpose if it is in conflict with the Niagara Escarpment Plan. 2000, c. 26, Sched. L, s. 7 (6); 2002, c. 17, Sched. F, Table; 2009, c. 12, Sched. L, ss. 7, 12 (1).

Minister may deem by-law, etc., conforms to Plan

(2) The Minister, upon the application of the council of a municipality having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, may in writing declare that a by-law, improvement or other development or undertaking of the municipality shall be deemed not to conflict with the Niagara Escarpment Plan, if the Minister is of the opinion that the by-law, improvement or other development or undertaking conforms with the general intent and purpose of the Plan. 2000, c. 26, Sched. L, s. 7 (6); 2009, c. 12, Sched. L, ss. 7, 12 (2).

14 Despite any other general or special Act, where the Niagara Escarpment Plan is in effect and there is a conflict between any provision of the Plan and any provision of a local plan or any provision of a zoning by-law covering any part of the Niagara Escarpment Planning Area, then the provision of the Niagara Escarpment Plan prevails. R.S.O. 1990, c. N.2, s. 14; 2009, c. 12, Sched. L, s. 7.

15 (1) Where, in the opinion of the Minister, a local plan or a zoning by-law that covers any part of the Niagara Escarpment Planning Area is in conflict with the provisions of the Niagara Escarpment Plan, the Minister shall advise the council of the municipality that adopted the local plan or that passed the zoning by-law of the particulars wherein the local plan or zoning by-law conflicts with the Niagara Escarpment Plan and shall invite the municipality to submit, within such time as the Minister specifies, proposals for the resolution of the conflict. R.S.O. 1990, c. N.2, s. 15 (1); 2009, c. 12, Sched. L, s. 7.

Power of Minister to amend local plan

(2) Where the council of the municipality fails to submit proposals to resolve the conflict within the time specified by the Minister, or where after consultation with the Minister on such proposals the conflict cannot be resolved, and the Minister so notifies in writing the council of the municipality, the Minister may by order amend the local plan so as to make it conform to the Niagara Escarpment Plan, and the order when made shall have the same effect as though it were an amendment to the local plan made by the council of the municipality and approved by the Minister of Municipal Affairs and Housing. R.S.O. 1990, c. N.2, s. 15 (2); 2009, c. 12, Sched. L, ss. 7, 13.

Section Amendments with date in force (d/m/y)

2009, c. 12, Sched. L, s. 7, 13 - 14/05/2009

Minister may require adoption of local plan or passage of zoning by-law

16 Where the Niagara Escarpment Plan is in effect in a municipality or any part thereof and the municipality does not have a local plan in effect or has not passed a zoning by-law or by-laws covering the municipality or that part of the municipality covered by the Plan, the council of the municipality, upon being notified in writing by the Minister of that fact, shall, within such time as is specified in the notice, prepare and adopt a local plan or pass a zoning by-law or by-laws that conform to the Niagara Escarpment Plan, as the case requires, and, in the case of a local plan, submit it to the Minister of Municipal Affairs and Housing or the approval authority. R.S.O. 1990, c. N.2, s. 16; 2000, c. 26, Sched. L, s. 7 (7); 2009, c. 12, Sched. L, s. 7.

17 (1) The Minister shall cause a review of the Niagara Escarpment Plan to be carried out at the same time the review of the Greenbelt Plan is carried out under the Greenbelt Act, 2005. 2005, c. 1, s. 25 (2); 2009, c. 12, Sched. L, s. 7.

Consultation and public participation

(2) During a review, the Minister shall,

(a) consult with any ministry with an interest in the Plan,the Commission or other interested public bodies;

(b) consult with any advisory committee established under section 4;

(c) consult with the council of each municipality if the jurisdiction of the municipality includes any part of the Niagara Escarpment Planning Area; and

(d) ensure that the public is given an opportunity to participate in the review. 2012, c. 8, Sched. 36, s. 1.

Amendments to Plan

(3) After completion of the review, the Minister may propose amendments to the Plan. 2012, c. 8, Sched. 36, s. 1.

Procedure

(4) The procedures for amendments to the Plan set out in sections 10 and 11 apply with necessary modifications to an amendment proposed by the Minister under subsection (3), with the following exceptions:

1. The Commission shall not appoint a hearing officer in accordance with subsection 10 (3) but may only do so if directed by the Minister.

2. After receiving the Commission’s recommendations under subsection 10 (9), the Minister shall not act in accordance with subsection 10 (11) but shall submit the proposed amendments with his or her recommendations thereon to the Lieutenant Governor in Council in accordance with subsection 10 (12). 2012, c. 8, Sched. 36, s. 1.

Objectives

(5) Amendments to the Plan resulting from a review under this section shall be consistent with and promote the objectives of the Plan described in section 8. 2012, c. 8, Sched. 36, s. 1.

18 (1) For the purposes of developing any feature of the Niagara Escarpment Plan, the Minister may, for and in the name of Her Majesty, acquire by purchase, lease or otherwise, or, subject to the Expropriations Act, without the consent of the owner, enter upon, take and expropriate and hold any land or interest therein within the Niagara Escarpment Planning Area and sell, lease or otherwise dispose of any such land or interest therein. R.S.O. 1990, c. N.2, s. 18 (1); 2009, c. 12, Sched. L, s. 7.

Power of designated minister

(2) The Lieutenant Governor in Council may designate any minister of the Crown in respect of any land acquired under subsection (1), and thereupon the minister so designated may, for the purpose of developing any feature of the Niagara Escarpment Plan,

(a) clear, grade or otherwise prepare the land for development or may construct, repair or improve buildings, works and facilities thereon; or

19 (1) On the day subsection 25 (3) of the Greenbelt Act, 2005 comes into force,

(a) the lands that are part of the Niagara Escarpment Planning Area and described in paragraphs 26, 30, 31 and 33 of the Schedule to Regulation 684 of the Revised Regulations of Ontario, 1980 (as the Schedule read on December 31, 1990) shall be covered by, and subject to, the Niagara Escarpment Plan; and

(b) the Niagara Escarpment Plan is amended so that the provisions of the Plan that define the parts of the Niagara Escarpment Planning Area that are covered by the Plan shall be deemed to include a reference to the lands referred to in clause (a). 2005, c. 1, s. 25 (3); 2009, c. 12, Sched. L, s. 7.

Consequential amendments to Plan

(2) On or after the day subsection 25 (3) of the
Greenbelt Act, 2005comes into force, the Lieutenant-Governor in Council may order that the Niagara Escarpment Plan be amended to,

(a) provide for such land use designations with respect to the lands referred to in clause (1) (a) as the Lieutenant-Governor in Council considers advisable; and

(b) make such other amendments to the Niagara Escarpment Plan as the Lieutenant Governor in Council considers necessary for the effective implementation of the amendment described in clause (1) (b). 2005, c. 1, s. 25 (3); 2009, c. 12, Sched. L, ss. 7, 15 (1).

Definition of utility

(2.1) On the day the
Green Energy Act, 2009 comes into force, the definition of “utility” in Appendix 2 of the Niagara Escarpment Plan is revoked and the following substituted:

Utility— a water supply; storm or sanitary sewage system; gas or oil pipeline; the generation, transmission and distribution of electric power, including renewable energy projects as defined in the Green Energy Act, 2009, commercial or otherwise, and all associated infrastructure; the generation, transmission and distribution of steam or hot water; telegraph and telephone lines and other cabled services; a public transportation system; licensed broadcasting, receiving and transmitting facilities; or any other similar works or systems necessary to the public interest, but does not include:

• the establishment of a new waste disposal site;

• any expansion or alteration to an existing waste disposal site from what has been approved under the applicable legislation (including any expansion in area or height of a landfill siteor any change in the type of waste material being disposed);

20 When the Niagara Escarpment Plan is in effect, the Minister may, out of the money appropriated therefor by the Legislature, provide financial assistance to any person, organization or corporation, including a municipal corporation, undertaking any policy or program that implements the Plan. R.S.O. 1990, c. N.2, s. 20; 2009, c. 12, Sched. L, ss. 7, 16.

21 (1) Where, in the opinion of the Lieutenant Governor in Council, the Niagara Escarpment Plan has been substantially completed for any part of the Niagara Escarpment Planning Area, the Lieutenant Governor in Council may by order and subject to such terms and conditions as the Lieutenant Governor in Council considers appropriate, transfer any of the functions of the Commission to the council ofan upper-tier municipality or of a single-tier municipality outside of an upper-tier municipality. R.S.O. 1990, c. N.2, s. 21 (1); 2000, c. 5, s. 16 (2); 2002, c. 17, Sched. F, Table; 2009, c. 12, Sched. L, s. 7.

Limitation

(2) No order shall be made under subsection (1) except upon application made to the Lieutenant Governor in Council by the council of the municipality, and every such application shall include a statement of the administrative procedures intended to be followed in the exercise of such functions. R.S.O. 1990, c. N.2, s. 21 (2); 2000, c. 5, s. 16 (3).

22 The Minister may make regulations designating any area or areas of land within the Niagara Escarpment Planning Area as an area of development control. R.S.O. 1990, c. N.2, s. 22.

Regulations

23 The Minister may make regulations,

(a) providing that where an area of development control is designated, such zoning by-laws and such orders made under section 47 of the Planning Act, or any part thereof, as are designated in the regulation, cease to have effect in the area or in any defined part thereof, provided that where land is removed from an area of development control such land is thereupon subject again to the aforementioned by-laws or orders or parts thereof, as the case may be, unless in the meantime such by-laws or orders or parts thereof have been repealed or revoked;

(b) providing for the issuance of development permits and prescribing terms and conditions of permits;

(c) providing for the exemption of any class or classes of development within any development area from the requirement of obtaining a development permit;

23.1 Despite any other Act, the Lieutenant Governor in Council may, in respect of the area covered by the Niagara Escarpment Plan, make regulations to vary, supplement or override any provision in this Act or the Niagara Escarpment Plan in order to facilitate the effective operation of the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005. 2005, c. 1, s. 25 (5); 2009, c. 12, Sched. L, ss. 7, 16.

24 (1) Despite any other general or special Act, if an area of development control is established by regulation made under section 22, no person shall undertake any development in the area unless such development is exempt under the regulations or unless the development complies with a development permit issued under this Act. 1999, c. 12, Sched. N, s. 4 (9).

Terms and conditions

(2) The Minister may issue development permits and may include such terms and conditions as he or she considers advisable. 1999, c. 12, Sched. N, s. 4 (9).

Agreements

(2.1) The Minister may, as a condition of issuing a development permit, enter into an agreement with an owner of land, the agreement may be registered against the land and the Minister is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any subsequent owners of the land. 2000, c. 26, Sched. L, s. 7 (10).

Other permits

(3) No building permit, work order, certificate or licence that relates to development shall be issued, and no approval, consent, permission or other decision that is authorized or required by an Act and that relates to development shall be made, in respect of any land, building or structure within an area of development control, unless the development is exempt under the regulations or,

(a) a development permit relating to the land, building or structure has been issued under this Act; and

(4) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable,

(a) on a first conviction to a fine of not more than $25,000; and

(b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. R.S.O. 1990, c. N.2, s. 24 (4).

Corporation

(5) Despite subsection (4), if a corporation is convicted under subsection (1), the maximum penalty that may be imposed is,

(a) on a first conviction a fine of not more than $50,000; and

(b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. R.S.O. 1990, c. N.2, s. 24 (5).

Order to demolish, etc.

(6) Where any person undertakes any development that is in contravention of subsection (1), the Minister may order such person to demolish any building or structure erected in connection with the development or to restore the site to the condition it was in prior to the undertaking of the development, or both, within such time as the order specifies. R.S.O. 1990, c. N.2, s. 24 (6).

Order to stop work, etc.

(6.1) If a person undertakes any development that is in contravention of subsection (1) and the Minister has reasonable grounds to believe that the contravention is causing or is likely to cause a risk to public safety or significant environmental damage, the Minister may order the person to,

(a) stop work on the development;

(b) take such steps as the Minister considers necessary to protect public safety or prevent environmental damage, within such time as the order specifies. 2000, c. 26, Sched. L, s. 7 (11).

Cost of work

(7) Where a person to whom an order is directed under subsection (6) or (6.1) fails to comply with the order within the time specified in it, the Minister may cause the necessary work to be done and charge such person with the cost thereof, which cost may be recovered with costs, as a debt due to Her Majesty, in any court of competent jurisdiction. R.S.O. 1990, c. N.2, s. 24 (7); 2000, c. 26, Sched. L, s. 7 (12).

Offence

(7.1) Every person who contravenes an order made under subsection (6) or (6.1) is guilty of an offence and on conviction is liable,

(a) on a first conviction, to a fine of not more than $10,000 for each day or part of a day on which the contravention continued; and

(b) on a subsequent conviction, to a fine of not more than $25,000 for each day or part of a day on which the contravention continued. 2000, c. 26, Sched. L, s. 7 (13).

Penalty for corporation

(7.2) Despite subsection (7.1), if a corporation is convicted of an offence under subsection (7.1), the maximum penalty that may be imposed is,

(a) on a first conviction, a fine of not more than $25,000 for each day or part of a day on which the contravention continued; and

(b) on a subsequent conviction, a fine of not more than $50,000 for each day or part of a day on which the contravention continued. 2000, c. 26, Sched. L, s. 7 (13).

Delegation of authority

(8) Subject to subsection (9), where the Minister has delegated his or her authority under section 25, the delegate has, in lieu of the Minister, all the powers and rights of the Minister under this section. 2000, c. 26, Sched. L, s. 7 (14).

Same

(9) Subsection (8) does not apply to the powers and rights of the Minister under subsection (6.1) unless the delegate is the Commission or the director of the Commission. 2000, c. 26, Sched. L, s. 7 (14).

(2) No delegation shall be made under subsection (1) to a municipality, except where the municipality on application therefor has been designated by order of the Minister as a municipality to which may be delegated the authority to issue development permits under subsection (1), and every such application shall include a statement of the organizational structure to be established and the administrative procedures intended to be followed. 2002, c. 17, Sched. F, Table.

Withdrawal of delegation

(3) The Minister may in writing withdraw any delegation made under subsection (1) where, in his or her opinion, it is in the public interest to do so. R.S.O. 1990, c. N.2, s. 25 (3).

Delegate’s power of decision

(4) Where the Minister has delegated his or her authority under subsection (1), the delegate, on receiving an application for a development permit and, after giving consideration to the merits of the application, may make a decision in accordance with the Niagara Escarpment Plan to issue the development permit or to refuse to issue the permit or to issue the permit subject to such terms and conditions as the delegate considers desirable. 1999, c. 12, Sched. N, s. 4 (12); 2000, c. 26, Sched. L, s. 7 (15); 2009, c. 12, Sched. L, s. 7.

Notice of decision

(5) The delegate to whom the Minister has delegated his or her authority under subsection (1) shall give notice of decision on any application for a development permit as follows:

1. By regular or registered mail or personal service to the Minister, to the applicant for the permit, to persons who have requested to receive notice of the decision, to persons whom the delegate considers may have an interest in the decision and to all assessed owners of land lying within 120 metres of the land that is the subject of the application.

2. If a condominium development is located within 120 metres of the land, instead of giving notice to all owners assessed in respect of the condominium development as required by paragraph 1, by regular or registered mail to the condominium corporation at its most recent address for service or its mailing address as registered under section 3 of the Condominium Act, 1998. 2006, c. 19, Sched. P, s. 3 (1).

Same

(5.1) A copy of a decision given under subsection (5) to anyone other than the Minister shall include a notice indicating that the recipient of the decision may, within 14 days after the mailing of the decision, appeal the decision by giving the delegate a written notice of appeal that specifies the reasons for the appeal. 2006, c. 19, Sched. P, s. 3 (1).

Hearing officer

(6) Where the Minister receives a copy of a decision under subsection (5) the Minister may, within fourteen days of the mailing of it, request the Lieutenant Governor in Council to appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the decision. R.S.O. 1990, c. N.2, s. 25 (6).

Procedure

(7) Where the Lieutenant Governor in Council appoints a hearing officer at the request of the Minister under subsection (6), subsections (10) to (14) apply with necessary modifications and any reference in those subsections to the Minister shall be deemed to be a reference to the Lieutenant Governor in Council. R.S.O. 1990, c. N.2, s. 25 (7); 1999, c. 12, Sched. N, s. 4 (13).

Hearing officer, appointment by Minister

(8) Where the delegate receives one or more notices of appeal under subsection (5.1) the Minister shall appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the decision. R.S.O. 1990, c. N.2, s. 25 (8); 2000, c. 26, Sched. L, s. 7 (17); 2006, c. 19, Sched. P, s. 3 (2).

Exception

(8.1) Despite subsections (8) and (10), an officer appointed under subsection (8) may refuse to conduct or to continue a hearing if,

(a) in the opinion of the officer, the appeal does not disclose a planning justification for the appeal, is not in the public interest, is without merit, is frivolous or vexatious, or is made only for the purpose of delay;

(b) the notice of appeal did not specify the reasons for the appeal; or

(c) the person who appealed the decision has not responded to a request by the officer for further information within the time specified by the officer. 1999, c. 12, Sched. N, s. 4 (14).

Representations

(8.2) Before refusing under subsection (8.1) to conduct or to continue a hearing, the officer shall notify the person who appealed the decision and give the person an opportunity to make representations thereon. 1999, c. 12, Sched. N, s. 4 (14).

Same

(8.3) If an officer refuses under subsection (8.1) to conduct or to continue a hearing, the decision of the delegate shall be deemed to be confirmed. 1999, c. 12, Sched. N, s. 4 (14).

(10) The officer appointed to inquire under subsection (8) shall fix a time and place for a hearing and shall send by regular or registered mail written notice thereof to each person to whom notice of the decision was sent under subsection (5). R.S.O. 1990, c. N.2, s. 25 (10).

(10.2) If the persons who appealed the decision withdraw their appeals or fail to appear at the hearing, the decision of the delegate shall be deemed to be confirmed. 1999, c. 12, Sched. N, s. 4 (16).

Report

(11) Within 30 days after the conclusion of the hearing or within such longer period as the Minister may permit, the officer appointed shall report to the Minister a summary of the representations made, together with his or her opinion on the merits of the decision. R.S.O. 1990, c. N.2, s. 25 (11); 1999, c. 12, Sched. N, s. 4 (17).

Deemed confirmation

(12) The decision of the delegate shall be deemed to be confirmed if,

(a) the opinion of the officer expressed in his or her report under subsection (11) is that the decision of the delegate was correct and should not be changed; and

(12.1) The decision of the delegate shall be deemed to be confirmed if,

(a) the decision of the delegate was a decision to issue a development permit;

(b) the parties who appeared at the hearing have agreed on all of the terms and conditions that should be included in the development permit and all of these terms and conditions are set out in the report of the officer under subsection (11); and

(c) the opinion of the officer expressed in his or her report under subsection (11) is that, if the decision of the delegate included the terms and conditions referred to in clause (b), the decision would be correct and should not be changed. 2000, c. 26, Sched. L, s. 7 (19).

Same

(12.2) If subsection (12.1) applies, the decision of the delegate shall be deemed to be a decision to issue the development permit with the terms and conditions referred to in clause (12.1) (b). 2000, c. 26, Sched. L, s. 7 (19).

Application of subss. (12) and (12.1)

(13) Subsections (12) and (12.1) do not apply if the officer was appointed by the Lieutenant Governor in Council following a request under subsection (6). 1999, c. 12, Sched. N, s. 4 (18); 2000, c. 26, Sched. L, s. 7 (20).

Power of Minister

(14) If the decision of the delegate has not been deemed to be confirmed under subsection (8.3), (9), (10.2), (12) or (12.1), the Minister, after giving consideration to the report of the officer, may confirm the decision or may vary the decision or make any other decision that in his or her opinion ought to have been made and the decision of the Minister under this section is final. 1999, c. 12, Sched. N, s. 4 (18); 2000, c. 26, Sched. L, s. 7 (21).

26 (1) Where the Minister has not delegated his or her authority under section 25 and the Minister receives an application for a development permit, the Minister shall, by personal service or by regular or registered mail, cause a written notice of the application, together with a brief statement of the nature of the application, to be delivered or mailed to all assessed owners of land lying within 400 feet of the land that is the subject of the application and every such notice shall specify the time within which any person receiving it may file with the Minister written notice of the person’s objection to the issuance of a development permit. R.S.O. 1990, c. N.2, s. 26 (1).

Minister may issue, etc., permit

(2) Subject to subsection (7), unless within the time specified in the notice referred to in subsection (1) a notice objecting to the issuance of a development permit is filed with the Minister, the Minister may issue the development permit, refuse to issue the permit or issue the permit subject to such terms and conditions as he or she considers advisable. R.S.O. 1990, c. N.2, s. 26 (2).

Hearing officer, appointment by Minister

(3) Where a notice of objection to the issuance of a development permit is filed with the Minister within the time specified in the notice referred to in subsection (1), the Minister shall appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the issuance of the development permit. R.S.O. 1990, c. N.2, s. 26 (3).

Time of hearing

(4) The officer appointed to inquire under subsection (3) shall fix a time and place for a hearing and shall send by regular or registered mail written notice thereof to the applicant for the development permit and to each person to whom notice of the application was sent under subsection (1). R.S.O. 1990, c. N.2, s. 26 (4).

(5) Within 30 days after the conclusion of the hearing or within such longer period as the Minister may permit, the officer appointed shall report to the Minister a summary of the representations made, together with his or her opinion on the merits of the application for the development permit. 2000, c. 26, Sched. L, s. 7 (23).

Minister may issue, etc., permit

(6) After giving consideration to the report of the officer appointed to inquire into the matter, the Minister may issue the development permit, refuse to issue the permit or issue the permit subject to such terms and conditions as he or she considers advisable. R.S.O. 1990, c. N.2, s. 26 (6).

Hearing officer, appointment by Minister

(7) The Minister where he or she considers it desirable may, and at the request of the applicant for the development permit made at the time of submitting the application to the Minister shall, appoint an officer for the purpose of conducting a hearing into the matter, and where the Minister does so subsections (4), (5) and (6) apply with necessary modifications. R.S.O. 1990, c. N.2, s. 26 (7).

Decision final

(8) The decision of the Minister made under this section is final. R.S.O. 1990, c. N.2, s. 26 (8).

Subs. (1) amended

(9) On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “400 feet” and inserting in lieu thereof “120 metres”. R.S.O. 1990, c. N.2, s. 26 (9).

27 (1) Where the use of any land within the Niagara Escarpment Planning Area is not in conformity with the use designated for such land in the Niagara Escarpment Plan or in any local plan covering such land, and the assessment of such land is increased because of such designation, the local municipality in which the land is situate and the owner of the land may, with the approval of the Minister, enter into an agreement providing for a fixed assessment for the land reflecting the use to which the land is being put, to apply to taxation for general, school and special purposes, but not to apply to taxation for local improvements. R.S.O. 1990, c. N.2, s. 27 (1); 2009, c. 12, Sched. L, ss. 7, 17.

Term of agreement

(2) Every such agreement shall be for such term of years not exceeding three as the Minister approves and the Minister may, in granting his or her approval, attach such terms and conditions thereto as the Minister considers appropriate. R.S.O. 1990, c. N.2, s. 27 (2).

Procedure

(3) Where a parcel of land has a fixed assessment under subsection (1),

assessment

(a) the land shall be assessed in each year as if it did not have a fixed assessment;

taxes

(b) the treasurer of the local municipality shall calculate each year what the taxes would have been on the land if it did not have a fixed assessment;

record

(c) the treasurer shall keep a record of the difference between the taxes paid each year and the taxes that would have been paid if the land did not have a fixed assessment and shall debit the land with this amount each year during the term of the agreement and shall add to such debit on the 1st day of January in each year such interest as may be agreed upon the aggregate amount of the debit on such date. R.S.O. 1990, c. N.2, s. 27 (3).

Payment to municipality

(4) The Minister may, out of the money appropriated therefor by the Legislature, pay in each year to a local municipality in respect of which an agreement made under subsection (1) is in force, an amount of money equal to the difference in the taxes paid pursuant to the agreement and the taxes that would have been paid if the land covered by the agreement did not have a fixed assessment. R.S.O. 1990, c. N.2, s. 27 (4).

Apportionment

(5) Where a local municipality receives an amount of money under subsection (4), the council of the local municipality shall apportion the amount to each body in the same manner as taxes would have been apportioned if taxes had been levied in the normal manner on the assessment in accordance with clause (3) (a). R.S.O. 1990, c. N.2, s. 27 (5).

When agreement terminated

(6) Where the land or a part thereof that is subject to an agreement under subsection (1) ceases to be put to the use that was the basis for determining the fixed assessment, the agreement is thereupon terminated with respect to the land or such part thereof. R.S.O. 1990, c. N.2, s. 27 (6).

Registration of agreement

(7) Any agreement entered into under subsection (1) may be registered against the land affected by the agreement and when registered such agreement runs with the land and the provisions thereof are binding upon and enure to the benefit of the owner of the land and, subject to the provisions of the Registry Act, any and all subsequent owners of the land. R.S.O. 1990, c. N.2, s. 27 (7).

Termination of agreement, as to all lands

(8) Where an agreement is for any reason terminated in respect of the whole of the land, the owner shall pay to the local municipality the amount debited against the land, including the amounts of interest debited in accordance with clause (3) (c). R.S.O. 1990, c. N.2, s. 27 (8).

as to part of lands

(9) Where an agreement is for any reason terminated in respect of a part of the land, the owner shall pay to the local municipality that portion of the amount debited against the land, including the amounts of interest debited in accordance with clause (3) (c), that is attributable to the portion of the land in respect of which the agreement is terminated. R.S.O. 1990, c. N.2, s. 27 (9).

Payment to Minister

(10) Where a local municipality receives a payment under subsection (8) or (9), the treasurer of the municipality shall forthwith pay the amount of money received, including the amount of debited interest, to the Minister. R.S.O. 1990, c. N.2, s. 27 (10).

Termination of agreement by owner

(11) An agreement may be terminated on the 31st day of December in any year upon the owner of the land that is the subject of the agreement giving six months notice of such termination in writing to the municipality. R.S.O. 1990, c. N.2, s. 27 (11).

Apportionment

(12) For the purposes of an apportionment required under any Act, the assessment used as the basis for such apportionment shall include the assessment determined under clause (3) (a). R.S.O. 1990, c. N.2, s. 27 (12).

Section Amendments with date in force (d/m/y)

2009, c. 12, Sched. L, s. 7, 17 - 14/05/2009

Powers of entry

28 (1) An employee or agent of the Commission or a person designated under subsection 5 (11) may enter private property, other than a dwelling or building, without the consent of the owner or occupier and without a warrant, if,

(a) the entry is for the purpose of considering an amendment to the Niagara Escarpment Plan proposed by the owner of the property;

(b) the entry is for the purpose of a review of the Niagara Escarpment Plan under section 17 and is not inconsistent with the terms of reference established under that section for the review;

(c) the entry is for the purpose of considering an application for a development permit under this Act;

(d) the entry is for the purpose of considering or commenting on an application under any Act for a permit, order, certificate, licence, approval, consent, permission or other decision related to land use or development; or

(e) the entry is for the purpose of enforcing section 24 and the person entering the property has reasonable grounds to believe that a contravention of section 24 is causing or is likely to cause significant environmental damage and that the entry is required to prevent or reduce the damage. 1999, c. 12, Sched. N, s. 4 (19); 2009, c. 12, Sched. L, s. 7.

Other persons

(2) A person who is authorized to enter private property under subsection (1) may be accompanied by any person possessing expert or special knowledge that is related to the purpose of the entry. 1999, c. 12, Sched. N, s. 4 (19).

Time

(3) Subject to subsection (4), the power to enter property under subsection (1) may be exercised at any reasonable time. 1999, c. 12, Sched. N, s. 4 (19).

Notice

(4) The power to enter property under subsection (1) shall not be exercised unless,

(a) reasonable notice of the entry has been given to the owner of the property and, if the occupier of the property is not the owner, to the occupier of the property; or

(b) the person entering the property has reasonable grounds to believe that significant environmental damage is likely to be caused during the time that would be required to give notice under clause (a). 1999, c. 12, Sched. N, s. 4 (19).

(6) Any person who prevents or obstructs a person who is entitled to enter property under subsection (1) or (2) from entering the property is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 1999, c. 12, Sched. N, s. 4 (19).

Restriction on entry

(7) Except as authorized by subsection (1) or by any other Act, an employee or agent of the Commission or a person designated under subsection 5 (11) shall not enter private property for any purpose associated with this Act without,

(a) the consent of the owner of the property and, if the occupier of the property is not the owner, the consent of the occupier of the property; or

28.1 (1) Any notice or order required to be given under subsection 6.1 (3), section 24, subsection 26 (1) or subsection 28 (4) is sufficiently given if delivered personally or sent by any method that allows receipt to be proven addressed to the person upon whom service is to be made at the last address for service appearing on the records of the Commission. 2006, c. 19, Sched. P, s. 3 (3).

Same

(2) Service made by registered mail shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, and for cause beyond the control of the person, receive the notice until a later date. 2006, c. 19, Sched. P, s. 3 (3).

29 Any matter, appeal, application, referral, procedure or hearing stayed by subsection 8 (1) of the Greenbelt Protection Act, 2004 is continued as if that section had never been enacted and any time period shall be calculated as if no time had passed between the day the matter was stayed and the day this section comes into force. 2005, c. 1, s. 25 (5).

30 (1) With respect to subsections 6.1 (1), (2), (2.1), (2.2) and (2.3) and 17 (1), section 19, clause 23 (e) and sections 23.1 and 29, no cause of action arises as a direct or indirect result of,

(a) the enactment or repeal of any provision of this Act;

(b) the making or revocation of any provision of the regulations made under this Act; or

(c) anything done or not done in accordance with this Act or the regulations made under it. 2005, c. 1, s. 25 (5).

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in subsection (1). 2005, c. 1, s. 25 (5).

Proceedings barred

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person. 2005, c. 1, s. 25 (5).

Same

(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this section. 2005, c. 1, s. 25 (5).

Proceedings set aside

(5) Any proceeding referred to in subsection (3) commenced before the day this section comes into force shall be deemed to have been dismissed, without costs, on the day this section comes into force. 2005, c. 1, s. 25 (5).

No expropriation or injurious affection

(6) Nothing done or not done in accordance with this Act or the regulations made under it constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2005, c. 1, s. 25 (5).

31 A prosecution for an offence under this Act shall not be commenced more than three years after the date on which the offence was committed or is alleged to have been committed. 2007, c. 7, Sched. 28, s. 1.